19770210 TZHC Mwanza

19770210 TZHC Mwanza

The appellant's challenge was misconceived as there was no will, and the property was distributed according to customary law with the appellant's approval at the time.

Source-derived case information.

Citation
19770210 TZHC Mwanza
Parties
Appellant: Lucas Nzar; Respondent: Godfried Nyamihu; Respondent: Celestine Biyengo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 February 1977
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Intestate Succession, Distribution of Property, Challenge to Will, Customary Law Application
Source Language
english
Succession Customary Law Intestate Succession Distribution of Property Challenge to Will Customary Law Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lucas Nzar

Appellant

Godfried Nyamihu

Respondent

Celestine Biyengo

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the division of the deceased's property was lawful under customary law
  2. 2 Whether there was a valid will to challenge

Ratio Decidendi

The appellant's challenge was misconceived as there was no will, and the property was distributed according to customary law with the appellant's approval at the time.

Court Disposition

appeal dismissed

Orders

  • No order for costs as respondents did not appear at hearing